Landlord Must Correct Parking Lease Renewal

Rent-stabilized tenant complained of an improper lease renewal based on a parking lease renewal offer received from landlord. The DRA ruled for tenant. The DRA found that landlord improperly requested in the renewal lease a security deposit for two parking spaces. Landlord also wasn't permitted to increase the parking fee from $21.70 per month for each of two parking spaces, because the initial parking agreement didn't contain an expiration date and wasn't in the form of a lease. The DRA said that tenants needn't renew the parking agreement, and could simply continue to park. Landlord appealed. The DHCR ruled for landlord in part. Tenant had the parking space since 1994, and prior landlord never collected a security deposit. So landlord couldn't collect one now. But landlord could increase tenant's parking rent by resending a proper renewal lease offer without the security deposit provision. Landlord can increase tenant's parking rent under the renewal lease by the applicable rent guidelines.

Heritage Place, LLC: DHCR Adm. Rev.Docket No. VC710005RO (5/17/07) [4-pg. doc.]